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Atlanta
4:28 am
Thu May 15, 2008
Closing arguments in no-knock trial
By Charles Edwards
Atlanta, GA – Today, the jury heard closing arguments in the case highlighting the obtainment and use of no-knock warrants by law enforcement.
Atlanta police officer Arthur Tesler faces 3 charges related to the death of 92-year-old Kathryn Johnston.
The jury will have to answer three questions. The first: did Tesler violate his oath of office? Prosecutor Kellie Hill said the answer is cut and dried.
HILL: he participated in illegally bursting into the home of Kathryn Johnston using a false, unverified and bogus warrant.
However, defense attorney William McKinney said it's more complex than that. McKinney argued Tesler was kept in the dark while his partner Officer J.R. Smith lied to a judge to get the warrant.
MCKINNEY: He was not in the magistrate's office. He was not told what was in it before and he was not told what was until after the shooting. That I would suggest is a reasonable doubt.
The second question: did Tesler make false statements to the FBI during an investigation of the shooting? Again, prosecutor Hill.
HILL: He himself told you he lied.
But there's a good reason why according to McKinney. He said Tesler was scared of his partners Officers Smith and Gregg Junnier.
MCKINNEY: Officer Tesler's working with two guys that have guns. He's seen them operate before. He knows what they're capable of and the prosecution wants you to believe that had no influence on him.
Finally, did Tesler falsely imprison Kathryn Johnston in her home? It all depends on interpretation. Here's Hill's.
HILL: When you use a piece of paper that is invalid and you go to someone's home and you have people standing at the front and you have people standing at the back you have effectively confined that person.
However, McKinney said the problem Johnston's home itself with burglar bars and boards blocking the windows and door.
MCKINNEY: So, poor Ms. Johnston could not even get out of the back door to even get close to where Officer Tesler was for Officer Tesler to detain or confine her in any way.
False imprisonment carries a maximum sentence of 10 years. The other charges carry a 5 year max.